Rumi Devi v. Union of India

HON'BLE MR. JUSTICE D. N. PATEL HON'BLE MR. JUSTICE PRASHANT KUMAR ----- For the Petitioner : For the Respondents: Mr. R.N. Roy, G.P.-III. Mr. Deepak Kumar Bharti, Advocate. 25/Dated: September 11, 2012 ------ Per D.N. Patel, J 1) We have heard counsels for both the sides. 2) Looking to the facts and circumstances of the case, it appears that the daughter of the petitioner had gone voluntarily with respondent no. 6 initially for her placement at Delhi through some agency as stated in the memo of the petition. Later on, the petitioner, who is mother, is unable to trace out her daughter namely Bimla Kumari and though no whereabout of her daughter was found out since 2007. She has not filed any F.I.R. and lastly she has written a letter to the Hon'ble Chief Justice of this Court. The letter was sent to the Legal Services Authority and thereafter this writ petition has been preferred by the petitioner.

3) Counsel appearing for the respondent State has submitted that several steps have been taken by the police to find out the missing daughter of the petitioner, as stated in the affidavits filed in this writ petition. Moreover, the F.I.R. has also been filed. The allegations have been recorded by the Investigating Officer as stated by the petitioner, investigation has been carried out, some of the persons have been arrested like respondent nos. 6 & 7, charge sheet has also been filed and respondent nos. 6 & 7 have been granted bail by the competent trial court. All possible steps have been taken to find out the daughter of the petitioner, with all due diligence, but the missing daughter of the petitioner is not yet traceable. It is also submitted by counsel for the State that if any clue is found out, they are still ready for further investigation and the charge sheet has already been filed. -2- It is also submitted by the counsel for the State that there is no illegal custody with the respondent nos.

6 & 7 of the daughter of the petitioner namely Bimla Kumari. 4) In view of this investigation and affidavits filed in this writ petition, there is no illegal custody with the respondent nos. 6 & 7, as on today, of the missing daughter of the present petitioner and also looking to the facts that even after due diligence by the respondent State, the missing daughter of the petitioner was not traceable. Nonetheless, the charge sheet has already been filed and if any clue is found out by the police, the further investigation shall be carried out in accordance with law and in accordance with Code of Criminal Procedure, 1973 and in view of this, the habeas corpus writ petition is hereby dismissed at this stage. (D. N. Patel, J) (Prashant Kumar, J) Sharda/Sunil/